RAM KUMAR Vs. KHAIRATI LAL

JUDGEMENT

(1.) The aforesaid writ petition was finally heard and decided by the judgment dated 18.5.2007. This is an application on behalf of the respondent tenant to recall/restore the writ petition to its original number and the judgment and order dated 18.5.2007 be recalled. The said application has been filed on behalf of the respondent tenant on the pleas inter alia that when the case was listed, it could not be marked by the clerk of the respondent's Counsel and as such, the respondent's Counsel could not appear in the case at the time of hearing. The respondent had no knowledge about the order dated 18.5.2007 and he came to know about the said order only on 25.7.2007.

(2.) Before considering the aforesaid application, it is necessary to notice the background facts of the case. It is also not out of place to mention here that the learned Counsel for the parties had jointly agreed that the recall application and the writ petition, both, may be heard simultaneously as per entry in the order sheet dated 4.12.2009.

(3.) The petitioner, now a retired personnel from Indian Army, had filed an application for releasing the disputed shop in occupation of the present respondent tenant, on the ground of personal need, way back in the year 1992. It is a double storeyed shop and its release was sought under section 21 of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (herein after referred to as 'U.P. Act No. 13 of 1972'), on the ground of bona fide need of the petitioner landlord. It was pleaded that the petitioner is going to retire shortly; he has no other shop except the disputed shop and after his retirement, he intends to start his business from the disputed shop to make his both ends meet. It was registered as case No. 10 of 1992.